PART 1General
Citation, commencement and application1
1
These Regulations may be cited as the Children Act 2004 Information Database (England) Regulations 2007 and come into force on the seventh day after the day on which they are made.
2
These Regulations apply in relation to the establishment and operation of a database under section 12 of the Children Act 2004.
Interpretation2
1
In these Regulations—
“the Act” means the Children Act 2004;
“archived information” shall be construed in accordance with regulation 8;
“child record” in relation to a child or participating young person (including a child or participating young person who is not ordinarily resident in England or who has died) means the information contained in the database relating to that person;
“the database” means the database established and operated, or to be established and operated, by the Secretary of State for Children, Schools and Families under section 12 of the Act;
“local authority” means a children’s services authority in England within the meaning of section 65(1) of the Act;
“national partner” has the meaning given in regulation 9(1)(b);
“parental responsibility” has the same meaning as in section 3 of the Children Act 19892;
“participating young person” has the meaning given in regulation 4(2);
“relevant young person” means a person (other than a child) in relation to whom arrangements under section 10 of the Act may be made;
“a Schedule 4 body” has the meaning given in regulation 11(1)(a);
“a Schedule 5 body” has the meaning given in regulation 11(1)(b);
“sensitive service” means a specialist or targeted service which relates to—
- a
sexual health,
- b
mental health, or
- c
substance abuse;
- a
“specialist or targeted service” means any service which is not normally provided to all persons in a particular age group.
2
In these Regulations any reference to a child record for which a local authority is responsible means a child record for which, by virtue of regulation 3(2), the authority is responsible, and references to a local authority being responsible for child records are to be construed accordingly.
3
In these Regulations any reference to a person employed includes a person employed whether under a contract of service or a contract for services, a person seconded to the organisation in question and a person working as a volunteer, and references to an employee are to be construed accordingly.
4
In these Regulations a person (A) is not to be treated as having the care of another person (B) by reason only of the fact that A acts as a childminder to B or provides day care to B for part of the day only.
Participation by local authorities3
1
A local authority must participate in the operation of the database in accordance with these Regulations.
2
A local authority is responsible for any child records, responsibility for which—
a
is allocated to the authority by the Secretary of State for Children, Schools and Families; or
b
is accepted by the authority with the agreement of the local authority which previously had responsibility for that child record.
PART 2Information in the database
Information in the database4
1
The database must contain such information of the descriptions specified in Schedule 1 as is available to the Secretary of State for Children, Schools and Families relating to—
a
each child, and
b
subject to paragraph (2), each participating young person,
who is ordinarily resident in England.
2
A child record relating to a relevant young person may only contain information that is not archived information if that person consents to that information being contained in the child record (and in these Regulations a person who has consented and has not withdrawn the consent is referred to as a “participating young person”).
3
The database may contain information about a child or participating young person who is no longer ordinarily resident in England or who has died.
Procedures for ensuring the accuracy of information in the database5
1
A Schedule 4 or Schedule 5 body which discloses information for inclusion in the database must take reasonable steps to ensure the information is accurate.
2
In providing information under section 12(9) of the Act the Secretary of State must take reasonable steps to ensure the information is accurate.
3
Where it appears to a local authority that a child record for which it is responsible is or may be inaccurate or incomplete, the authority must take reasonable steps to correct the inaccuracy or to complete the record.
Accessible child record6
1
Subject to paragraph (9), the Secretary of State for Children, Schools and Families must ensure that a person who is given access to the database under regulation 9(1)(b) is not able to read the information contained in a child record specified in paragraph (3).
2
Subject to paragraphs (4) and (9), a local authority must ensure that a person who is given access to the database by the authority under regulation 9(1)(a) is not able to read the information contained in a child record specified in paragraph (3).
3
The information referred to in paragraphs (1) and (2) is—
a
the name and contact details of a person or body providing a sensitive service;
b
information of the description specified in paragraph 15 of Schedule 1;
c
information of the description specified in paragraph 18 of Schedule 1 (unless the person who has access to the database is employed by the Schedule 4 or Schedule 5 body in relation to functions for the purposes of which the number has been allocated);
d
information of the description specified in paragraph 20 of Schedule 1;
e
archived information.
4
Paragraph (2) does not apply to persons given access to the database by the authority under regulation 9(1)(a) solely for the purposes of the functions conferred on the authority under these Regulations.
5
Subject to paragraph (9), a local authority may determine, in relation to a particular child record, that persons given access to the database under regulation 9 may read only information of the description specified in paragraph (6).
6
The information referred to in paragraph (5) is—
b
in the case of—
i
a child, the name of any person with parental responsibility for the child or who has care of him at any time; or
ii
a participating young person, the name of any person who has care of him at any time.
7
In making a determination under paragraph (5) the authority must take into account any views expressed by—
a
the person to whom the record relates;
b
any person with parental responsibility for that person or who has care of him at any time;
c
a Schedule 4 or Schedule 5 body.
8
The Secretary of State for Children, Schools and Families or a local authority may for the purposes of child protection authorise a person to read the information contained in a child record which he would otherwise be able to see but for a determination under paragraph (5).
9
A person having access to the database under regulation 9 may read information contained in a child record specified in paragraph (3)(a) to (c) if that information was disclosed for inclusion in the database by that person.
Retention of information7
1
Subject to paragraph (2), information disclosed for inclusion in the database under these Regulations, or provided by the Secretary of State under section 12(9) of the Act, may be retained for six years from the date on which it becomes archived information.
2
The information may be retained for longer than six years from the date on which it becomes archived information if the Secretary of State for Children, Schools and Families or a local authority is satisfied it is necessary to retain the information for the purposes of—
a
an investigation under section 47 of the Children Act 19893 (local authority’s duty to investigate); or
Archived information8
1
Subject to paragraph (4), and so far as it is not already archived information, information in a child record becomes archived information on the earliest of the dates specified in paragraph (2).
2
In the case of—
a
a child record for a child who is not a participating young person, the date on which he attains the age of 18;
b
a child record for a participating young person, the date on which he attains the age of 25, or (if earlier) the date on which his consent to the information being contained in the child record is withdrawn;
c
a child record for a person who ceases to be ordinarily resident in England, the date on which the Secretary of State for Children, Schools and Families or the local authority responsible for his child record becomes aware that he is no longer ordinarily resident in England and that it is unlikely he will resume ordinary residence in England within three years from that date;
d
a child record for a person who has died, the first anniversary of his death;
e
information of the description specified in paragraph 7 of Schedule 1, the date one year after the date on which the person ceased to attend the educational institution or to receive education otherwise than at an educational institution;
f
information of the description specified in paragraph 8 of Schedule 1, the date one year after the date on which the provision of the services to which that information relates ended;
g
information of the description specified in paragraph 9 of Schedule 1, the date of the expiry of the period in the statement described in paragraph 15 of that Schedule relating to that information (that period to be measured from the date on which the provision of the service ended);
h
information of the description specified in paragraph 10 of Schedule 1, the date one year after the date on which information about a subsequent assessment of the person under the system known as the Common Assessment Framework6 has been added to the child record;
i
information of a description specified in any of paragraphs 11 to 13 of Schedule 1, the date of the expiry of the period in the statement described in paragraph 15 of that Schedule relating to that information (that period to be measured from the date on which the services of the health visitor, school nurse or midwife ended);
j
information of the description in paragraph 14 or 15 of Schedule 1, the date on which the information to which it relates becomes archived information.
3
The Secretary of State for Children, Schools and Families or the local authority responsible for a child record may decide that information in a child record that has become archived information by virtue of paragraph (2)(c) should no longer be archived information if the person is a child who again becomes ordinarily resident in England.
4
The Secretary of State for Children, Schools and Families or the local authority responsible for a child record may at any time decide that information in a child record should become archived information.
PART 3Access to the database
Access to the database9
1
Persons of the following descriptions may permit a person to have access to the database for the purpose of adding or reading information—
a
a local authority; and
b
the persons listed in Schedule 2 (referred to in these Regulations as “national partners”).
2
A local authority may only permit a person specified in Schedule 3 to have access to the database.
3
A national partner may only permit a person to have access to the database if the person is an employee of that national partner.
4
A local authority or a national partner may suspend or terminate a person’s access to the database.
Conditions on access10
1
The conditions on which a person may be given access to the database are that—
a
in the case of a person falling within paragraph 3 or 4 of Schedule 3, the person has been the subject of a system of vetting which involves the collection of details and information broadly comparable to the details and information collected for the purposes of an enhanced criminal record certificate;
b
in any other case an enhanced criminal record certificate has been obtained in respect of the person;
c
in the case of a person—
i
given access under regulation 9(1)(a), he has undergone training provided by or on behalf of the local authority in accordance with such training materials as the Secretary of State for Children, Schools and Families may supply to the local authority, together with such other training as the local authority in question considers appropriate; or
ii
given access under regulation 9(1)(b), he has undergone training provided by or on behalf of the national partner in accordance with such training materials as the Secretary of State for Children, Schools and Families may supply to the national partner, together with such other training as the national partner in question considers appropriate; and
d
the person has agreed to have regard to guidance given by the Secretary of State for Children, Schools and Families.
2
A local authority or a national partner must terminate a person’s access to the database if the most recent enhanced criminal record certificate obtained in respect of that person was issued more than three years previously.
3
In this regulation “enhanced criminal record certificate” means an enhanced criminal record certificate within the meaning of section 113B of the Police Act 19977.
PART 4Disclosure of information to and from the database
Disclosure of information for inclusion in the database11
1
Subject to paragraph (3)—
a
a person or body specified in Schedule 4 (“a Schedule 4 body”) must disclose for inclusion in the database, at such times as the Secretary of State for Children, Schools and Families may specify, such of the information specified in Schedule 1 relating to a child or participating young person as is available to the person or body; and
b
a person or body specified in Schedule 5 (“a Schedule 5 body”) may disclose for inclusion in the database any information specified in Schedule 1 relating to a child or participating young person as is available to the person or body.
2
Subject to paragraph (3), where any information disclosed for inclusion in the database pursuant to paragraph (1) is superseded by new information, the person or body must disclose that new information for inclusion in the database at such times as the Secretary of State for Children, Schools and Families may specify.
3
Information about a sensitive service provided to a child or participating young person may only be disclosed for inclusion in the database—
a
if the child or participating young person consents to the disclosure; or
b
if the person or body providing the sensitive service considers there is reasonable cause to suspect that the child or participating young person is suffering, or is likely to suffer, significant harm within the meaning of section 31 of the Children Act 19898 (care and supervision orders).
Disclosure of information from the database12
1
The Secretary of State for Children, Schools and Families or a local authority may disclose information included in the database if he, or it, is satisfied that—
a
disclosure is required by or under any enactment, by any rule of common law or by order of the court;
b
disclosure is necessary for the purposes of—
i
the prevention or detection of crime;
ii
the prosecution of offenders;
iii
an investigation under section 47 of the Children Act 1989; or
iv
the exercise by a Local Safeguarding Children Board of its functions under regulation 5(1)(e) or 6 of the Local Safeguarding Children Boards Regulations 2006.
2
Subject to regulation 6(5), a local authority may disclose information of a description specified in paragraphs 1, 2 and 4 to 7 of Schedule 1 contained in a child record which is not archived information to a person exercising functions of the authority under Part 6 (school admissions, attendance and charges) of the Education Act 19969.
General provisions in respect of access to and disclosure of information13
Without prejudice to regulation 11(3), any—
a
permission given under regulation 9;
b
disclosure of information for inclusion in the database under regulation 11(1)(b);
c
disclosure of information from the database under regulation 12;
d
provision of information by the Secretary of State under section 12(9) of the Act,
may be given or made notwithstanding any rule of common law which prohibits or restricts the disclosure of information.
PART 5Revocation
Revocation14
The Information Sharing Index (England) Regulations 200610 are revoked.